Misdemeanor Battery vs. Felony Battery vs. Aggravated Battery

By: John Guidry II

There are three different severity levels to battery charges here in Florida and some of these levels have to do with the severity of the injuries, and some of these different charges have to do with the weapons used. So, let’s take a look.

The lowest level offense is a misdemeanor, it is what we call a simple battery and that includes domestic violence battery. As a general rule, a misdemeanor battery (Fla. Stat. 784.03) does not require any sort of injury, it is just an unlawful touching. Think of it this way, if someone gets in your face arguing and they push or shove you–that’s a misdemeanor battery, just the touch–no injury required.

A misdemeanor battery carries a maximum jail sentence of one year.

Now, if you take that same touching but, somehow without intending to, you’ve caused great bodily harm, permanent disability, or permanent disfigurement or you have a prior battery conviction–you’ve now upgraded your misdemeanor battery into a third degree felony, what we call “felony battery,” and a felony battery is punishable by up to 5 years in prison (Fla. Statute 784.0141).

There are a couple of varieties of felony battery, the most common is known as domestic battery by strangulation, where you haven’t caused any injury so it should be a misdemeanor, but the whole idea of cutting off someone’s ability to breathe upgrades it to a felony battery.

And finally, if you’ve intended to cause great bodily harm, permanent disability, or permanent disfigurement, the charge is what we call aggravated battery, and this is a second degree felony punishable by up to 15 years in prison.

You can also get an aggravated battery without causing great bodily har if you’ve used a deadly weapon to batter someone, so the weapon can create the aggravated charge here, rather than the amount of injury inflicted. An aggravated battery is so serious that it actually carries a bit of prison time even on the first offense, so you’ll want to get a good local attorney on this to make sure everything goes smoothly for you. Good luck on your case and take care. And don’t forget, I defend all types of battery allegations here in Central Florida, so I hope you’ll give me a call should you run into trouble, we’d be happy to help you out.

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.